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Constitution of Pakistan (1973)-----Art. 185(3)--Customs Act (IV of 1969), S. 156(1)(8)--Leave to appeal, grant of--Re-appraisal of evidence--Two Courts having taken different views on same evidence--Leave granted to consider whether well-established principles of appreciation of evidence in criminal cases had been followed by High Court. M.B. Zaman, Advocate Supreme Court and Sh. Ijraz Ali, Advocate-on-Record for Petitioner. Mian Nusratullah, Senior Advocate Supreme Court for Respondent. ORDER ASLAM RIAZ HUSSAIN, J.--Muhammad Ashraf petitioner was tried for offence under section 156(1) of the Customs Act. The allegation against him was that on 17-12-1981 at 8-30 p.m. at Islamabad Airport in the area of Police Lines, Rawalpindi when, Muhammad Ashraf petitioner was about to fly to Dubai by PIA Flight No. PK 207. he was Asked by the Customs Authorities after he had been cleared by PIA Briefing Staff, if he was carrying any contraband item or other objectionable goods and on his denial his suitcase bearing tag No. 72-82-61 and his Samsonite brief-cases were subjected to a search, after he had unlocked the same, as a result of which a sum of Rs.9,00,000 (Nine lacs) in Pakistan currency was recovered from the said suitcase while 500 UAE, Dirhams and Rs.200 in Pak currency were recovered from his personal search all of which he attempted to smuggle out of Pakistan. He was then arrested and the said currency was seized. A case was registered against him under section 156(1)(8) of the Customs Act, 1969 on the report of Kh. Iftikhar Ahmad Iqbal P.W. 1 (FG) at Police Station Civil Lines, Rawalpindi. His defence was that in a hurry to avail of the chance ticket to Dubai where he had been called by his lawyer unexpectedly to attend a personal case, he took a…

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